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The Code of Judicial Ethics ATTACHMENT TO: Convergence and the Judicial Role: by The
Honourable J J Spigelman AC Posted to Web Site: 16 July 2002 |
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Chapter 1:
Safeguard Judicial Impartiality |
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The high standard judicial
ethics of judges is very important to ensure judicial impartiality and to
protect the authority and dignity of the Judiciary. This code is enacted in
accordance with the Judges Law of the People's Republic of China and other
relevant regulations to regulate and improve the standard of judicial ethics
for judges, to enhance the professional quality of judges and maintain the
good image of judges and the people's court. |
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Article 1. A judge should strive to
achieve substantial impartiality and procedural impartiality in performing
his duties. A judge should appear to be impartial through his words and
conduct so as to avoid any reasonable doubt from the public upon judicial
impartiality. Article 2. A judge should perform his duties in
accordance with the Constitution and other laws and on the principle of
judicial independence. A judge should perform his duties with no interference
from administrative departments, social organisations or individuals and no
influence other than the influence from laws. Article 3. During the trial process the judge shall
abide by recusation principle. A
judge shall disqualify himself mi a lawsuit in which the judge's impartiality
might reasonably be questioned. Article 4. A judge should resist the influence from
the parties, attorney, defendants and other people or through their social
contacts and should handle the situation according to relevant regulations Article 5. A judge
should not, against the will of the parties, use improper means to force the
parties to withdraw the proceeding or accept mediation. Article 6. A judge
should make all the judgements openly and objectively and accept the
supervision from the public. This proscription does not extend to the cases
cannot be opened or cannot have an open trial according to law. Article 7. During the process of a lawsuit, a Judge should reason and adjudicate
independently and insist the right opinion. Article 8. During the process of a lawsuit,
a Judge should not meet one party or his or her agent without authorisation. Article 9. A judge should avoid prejudice, misuse of his function and neglect of
law in performing his duties. Article 10. A judge should treat all the parties and participants of the
proceeding equally in performing his duties.
The judge should not by words or conduct manifest any discrimination.
The judge has the responsibility to stop and correct any discriminatory words
or conduct by any participants or other people. A judge should be fully aware of
the possible differences may arise from nationality, race, sex, profession,
religion, education level, health, residence and other factors and shall
safeguard the equally and fully implementation of the litigation right and
other rights of all the parties. Article 11. A judge should be neutral during the trial. Before the judgment is rendered, a judge should not express his
views or attitude towards the judgement through his words, expression or
conduct. A judge should adjudicate
according to law and be careful with his words and conduct during the
proceedings so as to avoid any reasonable doubts upon his neutrality from the
parties and other participants. Article 12. A judge should specify the reasons for the measures and
judgement relating to the substantial rights and litigating right of the
parties. A judge should not make a conclusion or take any measures
subjectively and unilaterally. Article 13. A judge
should respect the right of other judges to perform their duties
independently and: (1) should not give any comments
on the lawsuits being handled by other court or give any suggestions or
opinions on a lawsuit in which he has personal interests. This proscription
does not extend to the situation when the judge is exercising his judicial
duties or is giving comments or suggestions through proper procedures, (2) should not ask about or
interfere in the lawsuits being handled by the subordinate courts without
authorisation. (3) should not issue his
personal views to the superior courts about the second instance cases. Article 14. A judge
should not ask for information about the lawsuits being handled by other
judges unless he is performing adjudicative or administrative duties. A judge should not disclose or
provide information about a lawsuit, the ways to contact the judge in charge
or other related information to the parties, attorney and defendants. A judge
should not introduce or contact the judge in charge for the parties, attorney
and defendants. Article 15. A judge should avoid improper influence
from the media or the public during the process of the lawsuit. Article 16. A judge
should refrain from giving any comments in public or to the media, which is
detrimental to the seriousness and authority of a valid judgement. If a judge
thinks there is something wrong with a valid judgement or the trial process,
he may report to the president of the court or report to the relevant courts. Article 17. A judge
having definite evidence to believe other Judges may, or have already
violated the professional ethics of judges, or other judiciary personnel may
or have already violated their professional ethics and these conduct may
influence the Judicial impartiality should take appropriate measures or
inform the relevant authorities. |
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Article 18. A judge
should be diligent and devoted to the performance of his duties. A judge's personal
matters, schedule or other activities should not conflict with his or her
judicial duties. Article 19. A judge
should abide by the time limit for lawsuit regulated by law and should accept
the case, hear the proceeding and make judgement within the time limit. Article 20. A judge should avoid
carelessness and delay without proper reason and dispose his business
seriously, promptly and efficiently, and should: (1) enhance efficiency through
proper arrangements of judicial business. (2) pay enough attention to the
performance of all judicial duties and handle every case with same attention
and carefulness and devote reasonably enough time. (3) with the precondition of
high quality of judgement, save time for the parties, attorney and defendants
and pay attention to the efficient cooperation with other judges and staffs. Article 21. A judge
should supervise the parties to abide by the procedures and respect all the
time limits, so as to avoid unreasonable or unnecessary delay caused by the
parties. Article 22. A judge should take effective
measures to enforce the valid judgement as soon as possible. |
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Article 23. A judge
is not allowed to use his capacities directly or indirectly to obtain any
improper benefit. Article 24. A judge is
not allowed to accept entertainment, money, gifts or other benefit from the
parties, attorney and defendants. Article 25. A judge is not allowed to
participate commercial or other economic activities which may lead the public
to cast doubt on his image of being honest and clean. Article 26. A judge
should handle his personal issues properly, and should not disclose his
capacity as a judge intentionally for special treatment. A judge should not
use the prestige and influence of a judge to seek personal interests for
himself, his relatives or other people. Article 27. The life style and standard of
a judge and his family should consist with their position and income. Article 28. A judge cannot act as a
lawyer or Judicial advisor for enterprises, organisations or individuals at
the same time. A judge is not allowed to provide advice or Judicial
suggestion on pending cases to the parties, attorney and defendants. Article 29. A judge should report his
income and property according to relevant regulations. Article 30. A judge should inform his
family members about the requirements for a judge mi judicial conduct and
professional ethics and urge his family members not to violate relevant
regulations. |
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Article 31. A judge
should strictly observe the Judicial decorum and keep good appearance and
conduct, so as to preserve the authority of the people's court and the good
image of the judge. Article 32. A judge
should respect the human dignity of the parties and other participants, and
should: (1) hear the parties and other
participants carefully and patiently and should not interrupt or stop a party
or other participants unless for the reason of protecting the order of the
court or because of the requirement of a trial. (2) use standard, correct and
civilized language and should not admonish or say improper words to the
parties or other participants. Article 33. A judge should comply with
the rules of the court during the trial and should require all the staff of
that court to do so and maintain the dignity of the court, and should: (1) wear robe or uniform
according to relevant regulations, wear badge and keep clean and tidy; (2) appear to the court on time,
do not be absent or late and do not leave early or enter or leave the court
at his pleases; (3) concentrate on the lawsuit
and the hearing, do nothing irrelevant with the lawsuit. |
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Article 34. A judge should enhance his professionalism and should
have high political and professional quality. A judge should implement the
Constitution and laws faithfully and serve the people whole-heartedly. Article 35. A judge should have rich social experience and profound understanding
to the social reality. Article 36. A judge has the right and obligation to be trained and educated and
should study the judicial theory and absorb new knowledge diligently so as to
improve his abilities and skills of controlling a trial, deciding evidences
and writing Judicial documents. A Judge should possess the necessary
knowledge and professional ability to perform his function. Article 37. A judge should be self-disciplinary and without
impropriety at his daily life. A judge
should cultivate a high standard moral criterion and act as a model of
observing public and family virtues. |
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Article 38. The extra‑judicial
activities of a judge should cause no reasonable doubt of the public upon his
impartiality and honesty, should not affect the performance of his functions
and should not cause negative impact on the trustworthiness of the people's
court. Article 39. A judge
should refuse and stop any hobby or conduct which is against the public
interest, public order, social virtue and customs and may influence the image
of judge and his impartiality. Article 40. A judge
should be careful in making social contacts and friends. A judge should carefully handle the
contacts with the parties, lawyers and other persons who are possible to
influence the image of the judge, so as to avoid the impression of public
that the judge is not impartial or not honest and avoid the possible
confusion and embarrassment in the performance of his functions. Article 41. A judge
should not join any organisation with a nature of evil religion. Article 42. A judge
should not disclose or use the judicial information of a close trial or
business secret, personal privacy and other confidential information acquired
during the process of a lawsuit. Article 43. A judge
should not join any profit-making organisation or any organisation may make
profit by using the influence of the judge. Article 44. A judge
may participate in academic research and other social activities which are
helpful in promoting judicial construction and judicial reform. However,
these activities should be in compliance with the law, construct no
obstruction to Judicial impartiality and the preservation of judicial
authority and will not conflict with the judge's judicial function. Article 45. A judge
should be cautious in publishing a paper or interview with the media. The
judge should not issue any improper comments on specific lawsuits or parties so
as to avoid reasonable doubt upon judicial impartiality caused by improper
wording. Article 46. After
retirement, a judge should continue to maintain a good image and should avoid
the reasonable doubt of the public upon judicial impartiality caused by his
improper words or conduct. |
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Article 47. The courts at different levels should
provide guidance and exercise supervision in the implementation of this code
in their own court. Article 48. The jurors shall be administered by this
code when they are exercising judicial function. The administrative personnel
and judicial police shall be administered with reference to the relevant
provisions of this code. Article 49. The Supreme Court will be responsible for
the explanation of this code. Article 50. This code shall come into
force as of the date of issue [18 October 2001]. |
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